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Federal Question Jurisdiction
Practical Law Glossary Item 0-502-3299 (Approx. 3 pages)
Glossary
Federal Question Jurisdiction
A basis of federal subject matter jurisdiction by which US district courts have the power to preside over civil actions that arise under the US Constitution, US laws, or treaties of the US (28 U.S.C. § 1331). A US district court may exercise federal question jurisdiction when the cause of action is based on:
- A violation of federal law.
- A violation of state law, but necessarily raises a substantial question of federal law that is disputed by the parties, and the court determines it may hear the claim without disturbing any congressionally approved balance of federal and state judicial responsibilities (see Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg., 545 U.S. 308 (2005)).
Unlike diversity jurisdiction, federal question jurisdiction does not require a minimum dollar amount to be in controversy. For more information on federal question jurisdiction, see Practice Note, Commencing a Federal Lawsuit: Initial Considerations: Federal Question Jurisdiction.